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New Jersey Law Journal

MEDICAL MALPRACTICE

This special section includes articles on: the intersection of medical specialties and the affidavit of merit; the standard for assessing medical causality; vicarious liability and alleged medical negligence by an unlicensed person; piercing charitable immunity; and new lung cancer screening guidelines.
2 minute read

New Jersey Law Journal

Updated 2021 Lung Cancer Screening Guidelines Can Save Even More Lives

When a primary care physician fails to appropriately document smoking history and/or fails to offer lung cancer screening to eligible patients today, such conduct falls below the standard of care.
10 minute read

New Jersey Law Journal

How to Maximize the Value of Med Mal Cases (and Pierce Charitable Immunity)

When a client presents under circumstances where charitable immunity at first blush would unjustly limit recovery to $250,000, strategic thinking and innovative lawyering may make all the difference in maximizing the value of your case.
7 minute read

New Jersey Law Journal

Vicarious Liability—Do You Really Need an Affidavit of Merit?

If a plaintiff's fundamental cause of action sounds in professional negligence against a "licensed person," he or she may not evade the AOM requirement by suing only a public entity, and not the individual "licensed person." But what about the alleged medical negligence of an unlicensed person?
7 minute read

New Jersey Law Journal

The Fallacy of Statistical Significance Under 'Daubert'

An important look at the standard for assessing medical causality, including the Bradford-Hill factors and U.S. Supreme Court precedent.
9 minute read

New Jersey Law Journal

The Affidavit of Merit and Medical Economics

It is not uncommon to find a physician with one or more subspecialty doing work in one of them or none of them. Many physicians are being tasked, incentivized and sometimes required, to sub-specialize, since sub-specialists earn more than generalists, and those performing procedures earn more money than those who do not. When it comes time to review the appropriateness of an AOM, each subspecialty suddenly becomes important though it may be irrelevant.
8 minute read

New Jersey Law Journal

REAL ESTATE AND CONSTRUCTION

Special section including articles on force majeure clauses, residential mortgage foreclosures, surety bonds on private construction projects, long term tax exemptions, and lenders using the doctrine of equitable subrogation.
2 minute read

New Jersey Law Journal

'Deely' Expands Lender's Use of Equitable Subrogation to Protect Priority Status

All practitioners involved in New Jersey real estate litigation need to be aware of 'Deely,' a recent Appellate Division decision that expands the situations in which a lender can use the doctrine of equitable subrogation to protect the priority status of a lien, by holding that a lender's knowledge of a prior competing lien does not bar the application of the doctrine.
7 minute read

New Jersey Law Journal

Long Term Tax Exemptions in a Post-Pandemic World

Given the new challenges wrought by COVID-19, certain recent case law and a 2018 amendment to the New Jersey Long Term Tax Exemption Law, should be examined more closely, despite not having been informed by the pandemic or its potential impacts.
9 minute read

New Jersey Law Journal

Construction Trends: Surety Bonds on Private Construction Projects

Private project owners have become increasingly interested in taking advantage of the same protections that public owners historically have had, by requiring surety bonds. While the cost can be a deterrent, when compared to the price of project failure, the cost of the bonds is relatively minor.
7 minute read

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